Victim requests charge dropped

Local battery case dismissed

A former Fishers police officer is no longer facing a criminal charge after his arrest in Greenwood last year.

The Johnson County Prosecutor’s Office dropped a charge of battery against Charles Kingery, 28, of Fishers, after the victim asked the county not to pursue charges, Prosecutor Brad Cooper said in an email.

Kingery was arrested in October after police were called to a fight at a reception hall on Main Street in downtown Greenwood. Police found a man lying on the ground with a bloody face. Kingery’s wife told officers that she and her husband had been drinking and had gotten into an argument. She told police the other man tried to intervene in the argument, and Kingery punched him in the face and then left. Kingery, who was found at his mother’s home in Greenwood, told police he acted in self-defense.

The man who was punched told police he had seen the couple arguing outside, and felt he needed to step in and stop the situation before it got out of hand. He went to a nearby emergency room, where he was treated for a broken nose, charging documents said.

The prosecutor’s office charged Kingery with one count of battery, a misdemeanor.

Shortly after, Kingery resigned from his position as a Fishers Police Officer, said Sgt. Tom Weger, the Fishers Police Department public information officer. Kingery resigned before the chief could make a recommendation on any discipline he should face, Wegers said.

Last month, the prosecutor’s office decided to drop the charge against Kingery.

The victim in the case asked for the charge to be dropped, Cooper said in an email.

An email to the victim’s attorney said the victim believes in second chances and hopes Kingery had learned from what happened, find another job and that nothing like this will happen again, the email said.

“Given the wishes of the victim, Kingery’s lack of criminal record, that the parties do not live in Johnson County and this is a circumstance unlikely to occur, I complied with the wishes of the victim and dismissed the case,” Cooper said in an email.

Kingery’s attorney, Dan Vandivier, declined to comment.

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Annie Goeller is managing editor of the Daily Journal. She can be reached at agoeller@dailyjournal.net or 317-736-2718.